The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1887-11-09

innocence was established. In sucl
cases convictioIs are generally based OF
circumstantisl evidence, and the exi,eri
ence Of tha: emiae2t criminal Judge
Lord Hale, led him to spec ally 1::rI
juries against convictions or purely CIR
cumstantial evidence. The same rule
applies with eqna! force in al cases, 20,
! the lines o; distiuction between misad
venture, self-&efence, m2Esl&usnter anc
murder, SO Shade into each othaS as K
render it very difficult to Locale the
grade of crime. In cases resting on cir
cumstantial evidence, the corpus delict
icing proved, the question is, VINO die
ne killing &nd under what circum,
stances? In ordinary homicide, the
s'ayer being known, the question is, We:
there Just canse for the act or sufficient
pro7ocation to reduce the killing below
murder and how fer. Here lies the diff.
Guilty. The jury, being unable to read
the heart or interpret tie motives Of the
slayer, find it hard to fix the gcadc OF the
crime and hence their verdict. We are
not surprised that few. persons Gre found
guilty of-murder, for it is better to err on
the side of mercy than strict justice.
Rather are We surprised that any man
should have within him the elements OF
murder and hence that any are guilty,
though many are. Murder is s killing
with malice and pre-supposes heart de-
void of social duty and fatally bcnt on
mischief, heart desperately wicked ard
utterly regardless OF human lie. 1t is
hard to conceive of q man so abandoned
as to commit it, but such men do live
and when they Kill with malice they should
suffer the penalty, but they should bsve
all the rights OF defence consistent with
the preservation of society. Now we say
these rights, as they exist, shoal9 not be
abridged, and IN saying this we have no
sympathy with crime or criminals, but
foc the reason that persons charged With
crime ere not necessarily criminals, and
because, in our Judgment, the State
processing protection to her citizens,
from our nature and practice il trials,
hss great advantages over defendants
charged With crime. Al citizens are
personally interested In the prevention
and suppression OF crime, bat having
this natural feeling we shcUiS gnarc;
against making the law an instrument ot
vengeance against crime without regard
TO the criminal, rather striving to enforce
the law with justice tempered with these
mercifu, provisions, the Law in its terms
attempts to throw around, nor criminals,
out persons charged with crime.
Let Us now examine toe assumed lacts
On which the articles OF Judge Hudson
and others are based, keeping in mind
the maxims, bad the crow, bad the egg,
ike produces Ike, false premiss naces-
sari;v leads 70 q fa!se conclusion. Iasse
writer's assume as 3 t:-cs thai crave
criaes, especially murders, ere growing
Of more frequent occurrence in our S5ste.
Is this true? As to CUE county, we .;eny
It's truth and fer veriticat:on appcs: to
tradition and the records OF cur conrts.
AS to the State, all things considered, We
also deny its truth.
Upon such charge By contemporary
less than tao years ago, We examined our
sessions docket and found less than
twenty Eve think sixteen OF seyeatsen)
cases OF murder entered, including caseS
not arrested and tried, and covering the
period since the war. Several OF taese
cases were homicide by misadventuSe OF
purely technical lranslaughter, and al
the others tried were cases Of self defence
or manslaughter from sudden heat and
passion, except one based on circumstan-
tial evidence. In all these cases only one
verdict Of murder was found and the
party was executed.
Let US look at these facts in the light
Of the past twenty years and compare
them with facts of twenty years before
the war. In 1866 the people had emerged
from long wac ard found their houses
often pilfered s2d destroyed, their s5ock
gone, their farms u waste, their slaves
er2ane;pated, themselves conquered
people, poor, reckless and 6emorahzed,
and by frequent contact with blood and
death habltaa!ly prone to unlervalue
human life. For such people is not the
slim record Of hcmicides in the county
az honor and the highest encomiunl on
the law-abiding character Of our people?
But this is not all. During the twenty
years over 4,0C0 slaves IN the county
were raised to full citizenship, position
they were totally untitled to fill from
want OF education, training and integrity
of character. In this rew-hedged liberty
they maturity became arrogant to tier
former masters, didno regard the law Of
meum and tuam and III the changed rels-
tion of whites and blacks numerous al
tercations and homicides would naturally
be expected. How slim the record and
how complimentary to the peaceablo
character Of the whites, when it shows
but three negroes killed by whites in 20
wears in population OF nearly 10000
neop;s. But this is not all. During the
20 years the negro, invested with SUI
irase, sought and obtained political
ooWer, abused il, oppressed the people
with taxation, wrecked the credit Of the
State government by the issue and sale
Of State bonds, and with his Radical al
! lies inaugl1a:ea 6 systen of public PHI
laee WHICH naddenea the white element
! an added decentralization to demoraiZe-
ton. In the face Of these abno1m2!
times the country 49, expect heca-
tomb OF homicides E. . year, and get tae
spirit OF lew and order prevailed to 6
wonderful extans, giving Us better &c:
cord thar that fo- like period in normal
| times. But this IS ucS al. During :ila
20 years the Air LIE Railroad i.2s Esel
surveyed, graded and buil5 and gooc
deal oi vcrk has been done cn the Blu:
Ridge Road, drawing tssseshsr grouna G:
; ls.orers Of 81 classes and oo.ors &ac
tending &c s,:Ir;sSs anu hom!cldeS. NJ"
tow1;s have also Hprang up and cur pop
!; alstlca h&s largely Increased. Take &ut
oonh;na aii t;,Cs., tendencies 10 u.cacI